State v. Johns

MAUGHAN, Justice:

The defendant appeals his conviction for aggravated kidnapping and aggravated sexual assault on the basis of the District Court’s exclusion of evidence concerning the prosecutrix’s prior sexual promiscuity. We affirm the jury verdict and the judgment. All statutory references are to Utah Code Annotated, 1953, as amended.

In the early evening of October 12, 1977, the defendant, Steven M. Johns, hereinafter “Johns,” and a female friend, Joyce Johnson, hereinafter “Johnson,” arrived at the Mountaineer Club in Wellington, Utah. They had been drinking earlier in the day and…